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Chatham Bank v. Van Veghten

12 N.Y. Super. Ct. 628 5 Duer 628 Court N.Y. Super. Ct. English

Delivered by Bosworth, J.,

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p. 628
Chatham Bank v. Van Veghten.

Headnote

A complaint -will not he Bet aside, although neither that nor the copy served was folioed as required hy rule 41, if retained twelve days, without objecting to the defect. Such acceptance, and delay to object, waive the defect.

so held, on the 29th of December, 1855. The defendant retained the copy of a complaint twelve days without objection, and then moved to set it aside, because it was not folioed. Held, that the proper course was to refuse to receive it because it did not conform to the 41st rule, and that accepting and retaining it twelve days without objection, waived the defect.